Provision of Services. NetOne agrees to provide Customer with Internet services, as revised from time to time.
Rates and Charges. NetOne will charge Customer the subscription fees as set forth in NetOne's current rate schedule. Customer is responsible for all acts initiated from his/her account. Customer should not share his/her password. Revisions in the rate schedule which result in any price increases will become effective thirty (30) days after NetOne provides written or electronic (E-mail) notice to Customer of its intent to revise such rates and charges.
Payment. Customer agrees to pay all charges incurred.
Termination. NetOne may terminate this Agreement with Customer upon any of the following events:
If payment is not received within seven (7) days of the invoice date;
If Customer violates the Acceptable Use Policy set forth in Paragraph 5 below;
If Customer breaches any term of this Agreement;
Upon thirty (30) days written notice.
Acceptable Use Policy. Customer agrees:
to use the Internet system in a manner that is ethical and in conformity with community standards;
to respect the privacy of other users (e.g., Customer shall not intentionally seek data or passwords belonging to other users or modify files or represent himself/herself as another user unless explicitly authorized to do so by that user);
not to violate any copyright law, trade secret law, or other laws protecting intellectual property;
to respect the integrity of computing systems (e.g., Customer shall not intentionally develop programs that harass other users or infiltrate a computer or computing system);
to refrain from creating routing patterns that are inconsistent with the effective and shared use of the network; and
not to post unsolicited advertising except to those mailing lists or news groups that explicitly allow advertising. If NetOne learns of a violation or potential violation of the Acceptable Use Policy, NetOne will attempt to notify the Customer. If the Customer does not take immediate remedial action which is satisfactory to NetOne, or in the event of a serious violation of the Acceptable Use Policy, NetOne reserves the right to terminate Customer's connection immediately. Every effort will be made to inform Customer prior to the disconnection of any such violation and efforts will be made to re-establish Customer's connection upon receiving such representations from Customer as NetOne deems appropriate in the circumstances. Customer agrees to indemnify and hold NetOne harmless from any claim resulting from Customer's use of the service which damages any person.
Installation of Software. NetOne will provide Customer with limited telephone support to assist Customer in connecting to NetOne service. Due to the complexity of modern telecommunications, NetOne cannot assure that Customer will be successful in securing a reliable connection. If Customer is unable to secure a reliable connection, NetOne will refund Customer's subscription fee and immediately terminate this Agreement.
Use of other networks may require approval of their authorities.
Change of Terms and Conditions. NetOne reserves the right to change the terms and conditions of this Agreement by giving Customer notice at least thirty (30) days in advance of the effective date of the change. Use of the service by the Customer after the effective date of any such change constitutes acceptance of the new terms and conditions. If Customer does not agree to the new terms and conditions, he/she may terminate the Agreement in accordance with Paragraph 4 above.
Notification of Account Changes. Customer agrees to provide NetOne with any information relating to Customer's use of the service as NetOne deems necessary or desirable. Customer agrees to notify NetOne of any change of address or billing information changes.
Obligations of Customer. Customer shall not do any of the following or permit any of Customer's customers or authorized users or other third parties to do any of the following:
Restrict or inhibit any other user from using and enjoying the service and/or the Internet;
Abuse or fraudulently use this service in any way.
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including, without limitation, the U.S. export control laws and regulations;
Post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component;
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the service which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
Upload, post, publish, reproduce, transmit, or distribute in any way any component of the service itself or derivative works with respect thereto, as the service is copyrighted as a collective work under U.S. copyright laws.
NetOne shall not be responsible for the installation, operation or maintenance of equipment or software not provided by NetOne.
Disclaimer of Warranties.
Customer understands that NetOne does not operate or control the Internet in any way, and that all merchandise, information and services offered or made available or accessible on the Internet are offered or made available or accessible by third parties who are not affiliated with NetOne. CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR CUSTOMER'S USE OF THE SERVICE AND THE INTERNET. NETONE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE INTERNET, AND IT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY CUSTOMER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
CUSTOMER UNDERSTANDS FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO SOME PEOPLE. CUSTOMER ACCESSES SUCH MATERIALS AT CUSTOMER'S OWN RISK. NETONE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY NETONE, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NETONE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL NETONE OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES SUFFERED BY CUSTOMER, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERY, MISDELIVERY, OR SERVICE INTERRUPTIONS, REGARDLESS OF CAUSE OR FAULT. NETONE OR ITS CONTRACTORS ARE NOT RESPONSIBLE FOR CUSTOMER'S LOST PROFITS OR LOSS OF DATA OR INFORMATION. IF NOTWITHSTANDING THIS CLAUSE NETONE IS HELD TO BE LIABLE TO CUSTOMER, CUSTOMER'S DAMAGES SHALL BE LIMITED TO A REFUND OF THE SIGN-UP FEE PLUS THE FEES CHARGED TO CUSTOMER IN THE MONTH OR MONTHS THE ALLEGED LOSS OCCURRED.
UNDER NO CIRCUMSTANCES SHALL NETONE OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR CUSTOMER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
If Customer is dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of NetOne in operating the services, Customer's sole and exclusive remedy is to terminate this Agreement in accordance with Paragraph 4 above and discontinue using the services.
NetOne has no obligation to monitor the service. However, Customer agrees that NetOne has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate the service properly, or to protect itself or its subscribers. NetOne will not intentionally monitor or disclose any private electronic-mail messages unless required by law. NetOne reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
Failure to Comply With Agreement. NetOne may deny Customer access to all or part of the service without notice if Customer engages in any conduct or activities that NetOne in its sole discretion believes violates any of the terms and conditions of this Agreement. If NetOne denies Customer access to the service because of such a violation, Customer shall not have any right to access through NetOne any material stored on the Internet, to obtain any credit(s) otherwise due to Customer (and such credit(s) will be forfeited) or to access third party services, merchandise or information on the Internet through NetOne, and NetOne shall have no responsibility to notify any third party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
Indemnification. Customer agrees to defend, indemnify and hold NetOne harmless from any and all liabilities, costs and expenses, including reasonable attorneys fees, relating to or arising from:
Any violation of this Agreement by Customer;
Negligent acts or omissions of Customer or its agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, equipment or software not provided by NetOne which are connected or are to be connected to the service; and
Claims for infringement of patents arising from the use of equipment and software, apparatus and systems not provided by NetOne in connection with the service.
Venue. Venue for any dispute arising under this Agreement shall be in Wexford County, Michigan.
Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and supersedes all prior discussions, representations, amendments or understandings of every kind and nature between them.
Severability. If any provision of this Agreement becomes or is declared by a Court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without the said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the Agreement to any party.
Assignment. Unless prior written authorization by the other party is obtained, this Agreement may not be assigned or otherwise transferred by either of the parties.
Applicable Law. This Agreement and any disputes relating to it shall be construed under the laws of the State of Michigan.
Amendments. No amendments or changes to this Agreement shall be effective unless in writing and signed by both parties.
Captions. Captions contained in this Agreement are inserted for reference only and in no way define, limit, extend or describe the Agreement or the intent of any provision.
Waiver. A party's failure to insist on compliance or enforcement of any provision of this Agreement shall not effect the validity or enforceability, or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement by that party or any other party.
Force Majeure. If the performance of this Agreement by any party, or of any obligation under this Agreement, if prevented, restricted or interfered with by act of God, reason of war, revolution, civil commotion, acts of public enemies, blockade, embargo, strikes, any law, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect on any government or any judicial authority or representative of any such government, which are beyond the reasonable control of the party affected, then the parties so affected shall, upon giving prior written notice to the other parties, be excused from such performance to the extent of such prevention, restriction, or interference, provided that the party so affected shall use its best efforts to avoid or remove such cause of nonperformance, and shall continue performance thereunder with the utmost dispatch whenever such causes are removed.
Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery if delivered personally to the party to whom notice is to be given; if sent by electronic mail or by fax with confirmed receipt; or on the third day after mailing by first class mail, provided the notices are sent to the addresses set forth in the last paragraph of this Agreement.
Customer hereby agrees that use of the system constitutes acceptance of all the terms contained herein.